Thursday, December 15, 2022

PRISON NATION U$A
Senators want answers in wake of AP’s prison investigations






Federal correctional officers protest in response to an Associated Press investigation that exposed how the Bureau of Prisons repeatedly promoted an official who was accused of beating several Black inmates, in front of the Bureau of Prisons' regional office, Monday, Dec. 12, 2022, in Stockton, Calif. The picket comes as members of Congress, including the chairman of the Senate Judiciary Committee, are demanding answers from the agency's director after AP's reporting on deputy regional director Thomas Ray Hinkle. 
(AP Photo/Aaron Kehoe)More


MICHAEL R. SISAK and MICHAEL BALSAMO
Mon, December 12, 2022 

The chairman of the Senate Judiciary Committee said he plans to question the director of the federal Bureau of Prisons this week about an Associated Press investigation that found the agency has repeatedly promoted and continues to stand by a high-ranking official who beat Black inmates in the 1990s.

“I am very concerned about the allegations in this article and whether BOP will address abuses, prioritize safety, and improve their flawed approach to misconduct investigations,” Sen. Dick Durbin, D-Ill., tweeted in the wake of AP’s story chronicling Thomas Ray Hinkle’s rise to deputy western regional director.

At the same time, Durbin and a group of Senators are demanding answers from the Justice Department about the subject of another AP investigation — the federal prison system’s handling of rampant staff misconduct, including staff-on-inmate sexual abuse and whistleblower retaliation.

Durbin on Monday joined Sen. Chuck Grassley, R-Iowa, and Sens. Dianne Feinstein and Alex Padilla, both California Democrats, in sending a letter to Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco seeking additional information and imploring the Justice Department to take immediate action to root out staff misconduct. Grassley is the Judiciary Committee's top Republican.

The Justice Department formed a working group in July to evaluate its handling of staff sexual abuse after the warden and several other workers at a federal women’s prison in Dublin, California, were arrested for sexually abusing inmates. An AP investigation revealed that the allegations stemmed from a toxic culture of abuse and coverups at the Bay Area lockup. The working group issued a report with its findings in November.

Bureau of Prisons Director Colette Peters is expected to face questions on both topics when she testifies Tuesday before the Senate’s Permanent Subcommittee on Investigations. The panel, chaired by Sen. Jon Ossoff, D-Ga., has been conducting its own investigation into sexual abuse of female inmates in federal prisons. Peters will meet with Durbin separately.

Prison workers and union officials, angered by the AP's investigation into Hinkle and the agency’s response defending him, picketed Monday outside a Bureau of Prisons Western Regional Office in Stockton, California. They called on the agency to fire Hinkle and his boss, Regional Director Melissa Rios.

Rep. Jackie Speier, D-Calif., echoed that sentiment. She reported a hostile encounter with Hinkle in February while on a site visit to investigate staff sexual abuse at the troubled federal women’s prison in Dublin.

“The details revealed here are deeply disturbing,” Speier said in a tweet linking to the AP article. “If only half of what is reported is true, Hinkle should be terminated immediately. I will be following up with BOP for answers.”

The AP’s story, published Friday, revealed how the Bureau of Prisons repeatedly promoted Hinkle despite numerous red flags, rewarding him again and again over a three-decade career while others who assaulted inmates lost their jobs and went to prison.

Hinkle, responding to questions from the AP, acknowledged he beat inmates but said he regrets that behavior and now speaks openly about it “to teach others how to avoid making the same mistakes.”

Peters, who started as Bureau of Prisons director in August, told the AP she believes Hinkle is a changed man and a model employee. At the same time, she said, she's committed to working with the Justice Department and Congress to root out staff misconduct.

“Mr. Hinkle has openly acknowledged his past mistakes, gone through the employee discipline program, sought professional help and reframed his experiences as learning opportunities for others,” Peters said. “Today, I am confident he has grown into an effective supervisor for our agency.”

Federal prisons employees and union officials protesting Monday outside the regional office where Hinkle works said they were troubled by what they see as a two-tiered system of justice in the Bureau of Prisons.

“I’m very mad. You’re supposed to hold everybody accountable. Nobody is above the law," Dublin union president Ed Canales said. “But apparently, he can change? What about officers and staff members that were wrongfully terminated on lesser charges? Or were actually terminated on the same charges? Can they be exonerated? Can they come back?”

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Associated Press reporter Haven Daley in Stockton, California contributed to this report.


A Prison Warden Beat Black Inmates For Years. Instead Of Being Fired, He Was Promoted.

Candace McDuffie
Tue, December 13, 2022 


Federal correctional officers protest in response to an Associated Press investigation that exposed how the Bureau of Prisons repeatedly promoted Thomas Ray Hinkle who was accused of beating several Black inmates, in front of the Bureau of Prisons’ regional office, Monday, Dec. 12, 2022, in Stockton, Calif.

new report by The Associated Press reveals disturbing information about Bureau of Prisons official Thomas Ray Hinkle. Despite having a violent past abusing Black inmates—stemming from allegations made in 1995—he has been promoted at least nine times. In June, he was selected by the Bureau of Prisons and Justice Department to become acting regional director.

“At least three inmates, all Black, have accused Hinkle of beating them while he was a correctional officer at a Florence, Colorado federal penitentiary in 1995 and 1996. The allegations were documented in court documents and formal complaints to prison officials. In recent years, colleagues say, Hinkle has talked about beating inmates while a member of a violent, racist gang of guards called ‘The Cowboys.’”

The piece about went into more detail about Hinkle’s deplorable behavior:

“One inmate said he felt terrified as Hinkle and another guard dragged him up a stairway and slammed him into walls. Another said Hinkle was among guards who threw him to a concrete floor, spat on him and used racist language toward him. A third said Hinkle slapped him and held him down while another guard sexually assaulted him.”

Even though a minimum of 11 guards affiliated with “The Cowboys” were charged with federal crimes, Hinkle wasn’t. The group beat dozens of inmates that were primarily Black. Ultimately, three were convicted and imprisoned. Four others were acquitted and an additional four pleaded guilty and said they would cooperate.

However, Hinkle was promoted twice before the criminal investigation was even over. He told AP: “With the support of my friends, family, and colleagues, and through professional help, I have made the most of my opportunity for a second chance to serve the Bureau of Prisons honorably over the past twelve years.”

Hinkle added: “I cannot speak to why some are dredging up history from so many years ago, but my distant past does not reflect who I am today. My story I share with my fellow staff has more to do with hope and change after getting help and not self-medicating with alcohol. We are all human and make mistakes. There is no shame in admitting our problems and seeking help.”

He also denied using racist language and recent allegations of misconduct (which includes silencing a whistleblower). The agency’s new director, Colette Peters, insists says the Bureau of Prisons stands by Hinkle’s leadership.

“[He] has openly acknowledged his past mistakes, gone through the employee discipline program, sought professional help and reframed his experiences as learning opportunities for others,” Peters stated. “Today, I am confident he has grown into an effective supervisor for our agency.”

Despite calls for Hinkle to be terminated immediately, Justice Department policy mandates that he must retire next May when he turns 57.

Prisons chief: Official who beat inmates deserves 2nd chance





Senate Federal PrisonsJustice Department Inspector General Michael Horowitz testifies during the hearing of Senate Homeland Security and Governmental Affairs Subcommittee on Investigations, on Sexual Abuse of Female Inmates in Federal Prisons, on Capitol Hill in Washington, Tuesday, Dec. 13, 2022. 
AP Photo/Jose Luis Magana


MICHAEL R. SISAK
Tue, December 13, 2022

WASHINGTON (AP) — The director of the federal Bureau of Prisons is defending her decision to rally behind a high-ranking agency official who climbed the ranks after beating Black inmates in the 1990s, saying Tuesday that she feels he's shown contrition and deserves a second chance.

Colette Peters, making her first comments since The Associated Press published an investigation chronicling Thomas Ray Hinkle’s sordid past and subsequent promotions, said she met with Hinkle soon after starting as director in August and came away convinced that he should keep his job.

"He openly shared some of his past and has shared with me that he’s a changed man, that he’s not the person he was 25 years ago, and that he wants to spend the remainder of his career helping people understand not to make those exact same mistakes,” Peters said.

“It’s that type of behavior change that we’re looking for in both those in our custody and who work for us. Some, they don't get a second chance. But he owned it.”


Peters spoke with the AP after testifying Tuesday before the Senate Permanent Subcommittee on Investigations, which has spent months scrutinizing the Bureau of Prisons' inability to clamp down on rampant staff sexual misconduct.

Subcommittee Chairman Jon Ossoff, D-Ga., said the eight-month, bipartisan investigation — after the arrests of a warden and other workers at a federal women’s prison in Dublin, California — shows that the agency is “failing systemically” in its duty to protect female inmates from the “cruel and unusual punishment” of abuse at the hands of correctional workers.

The Bureau of Prisons’ inability to detect and prevent staff-on-inmate assaults has led to dozens of assaults and left some accused workers free to offend again, the subcommittee found. The findings echo common complaints about the agency's handing of sexual abuse and other staff misconduct, some of which has been detailed in AP reporting.

Among the subcommittee's other findings: Audits meant to ensure compliance with a federal prison rape prevention law have proven inadequate; inmates who report abuse often face retaliation; and the agency's internal affairs office is facing a backlog of 8,000 cases, including hundreds of sex abuse allegations. Peters said she's added 40 workers to the internal affairs office to process cases faster.

At the Dublin prison, the rape-prevention audits were being supervised by the former warden, Ray Garcia, who was convicted last week of abusing three inmates. At a prison in Coleman, Florida, where six have been accused of sexually abusing inmates since 2012, officials shipped all the female inmates away two days before they were to be interviewed by auditors.

“This situation is intolerable," Ossoff said. “Sexual abuse of inmates is a gross abuse of human and constitutional rights and cannot be tolerated by the United States Congress.”

Tuesday's hearing began with disturbing testimony from three victims of staff-on-inmate sexual abuse — women who say the Bureau of Prisons compounded their suffering by ignoring warning signs, enabling coverups and failing to equip prisons with practical tools, like functioning security cameras.

Carolyn Richardson recounted how a correctional officer at a federal lockup in New York City preyed on her visual impairment, sexually assaulting her after he brought her to medical appointments. Briane Moore, crying at times, said the prison captain who abused her had threatened to put her in solitary confinement or transfer her to another prison if she reported him.

Linda De La Rosa said the Bureau of Prisons “entirely failed” in allowing the correctional officer who attacked her and three other women in 2019 at the Federal Medical Center in Lexington, Kentucky, to continue working despite previous allegations of sexual abuse. The officer, Christopher Goodwin, pleaded guilty in March and is serving 11 years in prison.

“The problem is the old boys club,” De La Rosa said. “Prison staff, managers, investigators, correctional officers — they all work together for years, if not decades. No one wants to rock the boat, let alone listen to female inmates. There is no objective, independent oversight.”

The AP does not typically identify people who say they are victims of sexual assault unless they grant permission, as Richardson, Moore and De La Rosa have done. All sexual activity between a prison worker and an inmate is illegal. Correctional employees enjoy substantial power over inmates, controlling every aspect of their lives from mealtime to lights out, and there is no scenario in which an inmate can give consent.

Peters, who testified alongside Justice Department Inspector General Michael Horowitz, has vowed to change the culture that has enabled officers to sexually assault inmates. She reiterated the Bureau of Prisons' zero-tolerance policy for staff sexual misconduct and said she's urged transparency throughout the agency, so that she's not kept in the dark on any incidents that occur.

A Justice Department working group issued recommendations last month for curbing staff sexual misconduct. Among them: starting an anonymous abuse reporting process, overhauling investigations, seeking longer prison sentences for workers convicted of abuse and potentially granting early release to victimized inmates.

Peters, who visited Dublin early in her tenure, said the crisis there shows some prisons have been infected with a “culture of abuse and a culture of misconduct" and that “when it’s high-level officials engaging in these egregious criminal acts there’s clearly a culture” of abuse.

“That culture needs to be reset in order to ensure the safety and security of those in our care and custody,” Peters testified. “And I think we do have systemic changes in the works that will help us reset that culture there and throughout the federal Bureau of Prisons.”

As for Hinkle, Peters will face more questions about him this week when she meets with Senate Judiciary Committee Chairman Dick Durbin. The Illinois Democrat tweeted that he was “very concerned about the allegations” in the AP's article about Hinkle "and whether BOP will address abuses, prioritize safety, and improve their flawed approach to misconduct investigations.”

On Monday, prison workers and union officials picketed outside the agency's regional office in Stockton, California, and called on Peters to fire Hinkle and his boss, Regional Director Melissa Rios.

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On Twitter, follow Michael Sisak at http://twitter.com/mikesisak and send confidential tips by visiting https://www.ap.org/tips/

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